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The Who, What, Where, When, and Why’s of Mediation

February 17, 2020

There are many ways to settle a disagreement—one method is mediation.

When parties are unwilling or unable to resolve a dispute, one good option is to turn to mediation. Mediation is simply a negotiation conducted by a neutral 3rd party, a mediator.

It is generally considered to be a faster and cheaper alternative to a lawsuit with a focus on the issues.

Unlike the court, where a judge imposes a decision, disputing parties and their mediator decide who participates as well as how, when and where mediation takes place.

The mediator helps both parties find common ground. They help set expectations and can offer creative solutions, along with assisting in drafting a final settlement.

If a resolution is reached, mediation agreements may be oral or written, with most agreements considered enforceable contracts. If court-ordered, the agreement will become part of the judgment.

If an agreement cannot be reached, parties are free to pursue claims in other forums—however, a boxing ring is not recommended. For more information, watch this video.

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